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On
May 3, 2002, Benezra and Culver, LLC obtained one of the largest
employment law judgments ever entered in Colorado for their
client. In Drake v. TalMor Capital Management, L.L.C. and
Edmund Melhado, the Plaintiff, Daniel Drake, brought claims
against the Defendants for breach of contract, fraudulent
misrepresentation, and violations of the Colorado Wage Act.
Mr. Drake is an investment analyst and portfolio manager who
was successfully employed in Kansas. The Defendants, TalMor
Capital Management, LLC and its owner, Edmund Melhado, induced
Mr. Drake to relocate to Boulder, Colorado to accept employment
with TalMor in December of 1998. Mr. Drake accepted this employment
based on fraudulent misrepresentations by the Defendants regarding
TalMor's assets under management and the potential income
to be derived by Mr. Drake from these assets. These misrepresentations
were also included in a written contract entered into between
TalMor and Mr. Drake on December 10, 1998.
Once
Mr. Drake began working for TalMor, it became clear to him
that the representations made by the Defendants were false,
and that his earning potential was substantially lower than
indicated by the Defendants. Additionally, Mr. Drake was denied
bonus payments that the Defendants were obligated to make
pursuant to Mr. Drake's employment contract. Mr. Drake left
the employment of TalMor, and brought suit to recover the
income he lost resulting from the Defendants' fraudulent misrepresentations.
After
a five day trial in Boulder District Court, the jury returned
a verdict in favor of Mr. Drake on all claims. Thel verdict
totaled almost $2,900,000. Compensatory damages of $1,800,000
were awarded, with $1,000,000 allocated against Defendant
Melhado and $800,000 allocated against Defendant TalMor. Additionally,
an award of $1,000,000 in punitive damages was awarded against
Defendant Melhado. $99,296 in unpaid wages and statutory penalty
were also awarded against TalMor. By petition to the Court,
Mr. Drake was also entitled to approximately $294,000 in prejudgment
interest and $278,113 in attorney fees and costs.
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